¶1BY THE COURT. The demurrer must be overruled. The defendant, having property in his hands belonging to the estate of Davis McGee, may, in equity, be called upon for that property in any place. But upon the plea, (which already stands for an answer) and the answer, it is the opinion of the court, upon the merits, that the complainants are entitled to a decree for the amount of assets admitted by the defendant to be in his hands. As to the goods charged in the bill to have been unfairly obtained from the intestate, the whole weight of evidence is in *510favour of the defendant The answer is not •only not contradicted by evidence, but is strongly supported.
4 F. Cas. 509
Bryan v. McGee
U.S. District Court
Decided October 15, 1808
U.S. District Court · decided 1808-10-15
In equity. The bill charged, that Davis McGee, deceased, became indebted in his life to the plaintiffs [Bryan and others] for goods sold, and gave his promissory note therefor; that he died, and that James McGee, a citizen of New-Jersey, the defendant, took out letters of administration in New-Jersey, and became possessed of all his property; that he pretends he has fully administered, but that the goods purchased by Davis McGee from the complainants were sold by him to the…
[Demurrer overruled, and decree for complainants · Decided 1808-10-15